Sec. 441.
(1) The department shall administer this act and investigate complaints alleging a violation of this act.
(2) Unless a specific penalty is otherwise provided in this act, a railroad, road authority, or person that violates or fails to comply with any provision of this act, or fails to obey or comply with any lawful order issued or rule promulgated by the department, is subject to a civil fine of not more than $1,000.00 for each day of noncompliance following exhaustion of administrative and legal remedies.
(3) The department may make inspections at any time to determine if this act or the rules promulgated under this act are being violated and upon discovering a violation of this act or the rules may issue a citation to the alleged violator with a specified date for compliance. If the violations in the citation are not corrected by the specified date, a hearing will be conducted pursuant to chapter 4 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.271 to 24.287 of the Michigan Compiled Laws.
(4) Unless other procedures are specified, an action to recover penalties for a violation of this act, an order issued, or a rule promulgated by the department pursuant to this act shall be instituted by the department on its own motion or by complaint. If, after notice and hearing, the violation still exists, an action may be brought in the circuit court of any county in which the alleged violator may be sued or in the circuit court of the county of Ingham. Enforcement of orders, collection of civil fines, and actions to prosecute violations of this act or department orders to a final judgment shall be the responsibility of the department and the attorney general.
(5) In addition to the other remedies provided by this act for the violation of this act, an order issued, or a rule promulgated by the department pursuant to this act, the department or an affected party may compel compliance with this act and with an order issued or a rule promulgated by the department by proceedings in mandamus, injunction, or other appropriate civil remedies.
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994
Structure Michigan Compiled Laws
Act 354 of 1993 - Railroad Code of 1993 (462.101 - 462.451)
Section 462.101 - Short Title.
Section 462.103 - Meanings of Words and Phrases.
Section 462.105 - Definitions; a to G.
Section 462.107 - Definitions; H to P.
Section 462.109 - Definitions; R to W.
Section 462.131 - Regulatory and Police Power of Department; Rules.
Section 462.133 - Records to Be Kept by Department.
Section 462.137 - Reports to Be Furnished to Department.
Section 462.155 - Rescission, Alteration, or Amendment of Order.
Section 462.157 - Orders, Regulations, Practices, and Services; Effect.
Section 462.161 - Review of Order; Time for Bringing Action.
Section 462.175 - Authority of Department to Obtain Information.
Section 462.203 - Stock Certificate; Signature; Seal.
Section 462.205 - Applicability of MCL 450.1101 to 450.2098 to Railroad Corporations.
Section 462.217 - Annual Meeting; Statement of Affairs.
Section 462.221 - Stock as Personal Estate; Transfer.
Section 462.223 - Railroad Company; Liabilities and Restrictions.
Section 462.225 - Ownership and Operation of Steamboats, Barges, or Vessels; Conditions.
Section 462.227 - Ownership and Operation of Steamboats, Barges, or Vessels; Number; Restrictions.
Section 462.233 - Cutting Dangerous Trees.
Section 462.235 - Land Held by Foreign Company; Transfer of Title.
Section 462.241 - Acquisition of Property in Manner Prescribed by MCL 213.51 to 213.77; Exception.
Section 462.243 - Purchase of Land Belonging to State, City, Village, County, or Township.
Section 462.247 - Negotiation by Railroad Bridge or Tunnel Company With Railroad Company; Purpose.
Section 462.251 - Removal of Person From Train by Conductor or Employee.
Section 462.257 - Conduct as Felony or Misdemeanor; Penalties.
Section 462.259 - Liability of Railroad Company for Loss or Damage by Fire.
Section 462.261 - Liability of Railroad Company for Death or Injury to Passenger.
Section 462.263 - Transportation of Railroad Employees; Vehicles.
Section 462.303 - Traffic Control Devices; Determination and Order by Department.
Section 462.305 - Order of Department.
Section 462.311 - Passive Traffic Control Devices; Street Lighting.
Section 462.313 - National Inventory Signs.
Section 462.315 - Active Traffic Control Devices; Maintenance Payments.
Section 462.317 - Clear Vision Areas; Expenditure of Funds Relating to High Speed Rail Corridor.
Section 462.321 - Acquisition of Property Rights by Condemnation.
Section 462.323 - Farm Crossings; Other Private Crossings.
Section 462.325 - Fencing in Agricultural Areas; Other Areas.
Section 462.333 - Unsafe Bridge; Prohibited Conduct.
Section 462.335 - Unsafe Bridge; Penalties for Certain Conduct.
Section 462.337 - Applicability of Act.
Section 462.351 - “Operator” and “Operate” Defined.
Section 462.355 - Repealed. 2002, Act 658, Eff. Apr. 1, 2003.
Section 462.359 - Chemical Test and Analysis of Operator's Blood, Urine, or Breath.
Section 462.361 - Chemical Tests of Blood, Breath, or Urine; Consent; Administration.
Section 462.363 - Refusal to Submit to Chemical Test; Report.
Section 462.365 - Report of Certain Convictions; Form.
Section 462.369 - Railroad Police Officer Applicant; Cost of Training.
Section 462.371 - Railroad Police Officer; Application Fee; Identification.
Section 462.373 - Railroad Police Officer; Notice of Appointment.
Section 462.375 - Railroad Police Officer; Oath.
Section 462.377 - Railroad Police Officer; Duties and Powers.
Section 462.379 - Keepers of Jails, Lockups, and Station Houses.
Section 462.381 - Railroad Police Officer; Wearing and Receiving Badge.
Section 462.383 - Railroad Police Officer; Surety Bond.
Section 462.385 - Railroad Police Officer; Delivery of Commission; Identification Card; Roster.
Section 462.387 - Railroad Police Officer; Compensation.
Section 462.389 - Railroad Police Officer; Termination.
Section 462.400 - Employee Sanitation and Shelter Facilities; Rules; Compliance With Section.
Section 462.431 - Liens; Effect.
Section 462.450 - Applicability of Act to Street Railway Organized Under MCL 472.1 to 472.31.